District Court
New South Wales
Medium Neutral Citation: R v Ji; R v Zeng [2024] NSWDC 369 Hearing dates: 16 August 2024 Date of orders: 23 August 2024 Decision date: 23 August 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: Paras [68] – [70]
Catchwords: CRIME – Sentence – Drug offences – Commonwealth offences – Co-offenders – Trafficking a marketable quantity of methamphetamine: s 302.3(1) of the Criminal Code (Cth) – Deal with money the proceeds of crime: s 400.7(1) of the Criminal Code (Cth)– General deterrence – Contrition, insight, and remorse – Objective seriousness of drug offences – Strong subjective cases – Parity.
Legislation Cited: Crimes Act 1914 (Cth) s 16A(1); s 16A(2); s 16BA; s 17A(1)
Criminal Code Act 1995 (Cth) s 302.3(1); s 400.7(1)
Proceeds of Crime Act 2002 (Cth) s 48(2)
Cases Cited: Ban Joo Teoh v R [2018] VSCA 239
Duong v DPP (Cth) [2021] VSCA 136
R v Chen [2022] 130 Crim R 300
R v Hidalgo Ruiz [2020] VCC 1473
Category: Sentence Parties: Rex (Crown)
Jia Lang ZENG (First Offender)
David Kang JI (Second Offender)Representation: Counsel:
D New (Crown)R Baldeo (First Offender)
J Brook (Second Offender)Solicitors:
Ting Legal (First Offender)
S Shah (CDPP)
Just Defence Lawyers (Second Offender)
File Number(s): 2023/35644; 2023/35947 Publication restriction: Nil
JUDGMENT
Introduction and Offences
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David Kang Ji (“Mr Ji”) and Jialang Zeng (“Mr Zeng”) have each pleaded guilty in the Local Court and are to be sentenced for an offence of trafficking a marketable quantity of a controlled drug, namely methamphetamine, contrary to s 302.3(1) of the Criminal Code Act 1995 (Cth) (“the Code”). The parties agree that the maximum penalty is 25 years' imprisonment (“the Drug offence").
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Mr Zeng is also to be sentenced for an offence under s 400.7(1) of the Code, namely that he dealt with money that was, and that he believed to be, proceeds of an indictable crime, being $1,000 or more ($7,500 cash was found in his bedroom) ("the Proceeds of Crime offence"). The maximum penalty is 5 years' imprisonment and/or 300 penalty units.
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Pursuant to s 16BA of the Crimes Act 1914 (Cth) (“the Crimes Act”), Mr Ji admits that he too committed a Proceeds of Crime offence, relating to $4,600 cash found in his vehicle. Mr Ji has asked me to take into account that offence in passing sentence on him for his Drug Offence (“the Schedule Offence”).
The agreed facts
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The parties have agreed as to facts. They boil down to the following.
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Between 30 January 2023 and 2 February 2023, Mr Ji and Mr Zeng facilitated the delivery, minding, and receipt of methamphetamine contained in a bag. Mr Ji picked up the bag and delivered it to…
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- Case
- [2024] NSWDC 369
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the appropriate sentence for the respondents and the consideration of mitigating factors such as remorse and insight. The court had to balance these mitigating factors against the objective seriousness of the drug offences, which included the large quantity of methamphetamine involved and the substantial financial gain obtained through the criminal activity. Furthermore, the court had to ensure parity in sentencing between co-offenders, considering the roles and contributions of each respondent in the criminal activity.
In delivering the judgment, the court acknowledged the mitigating factors presented by the respondents but emphasised the objective seriousness of the drug offences. The court found that the crimes warranted a significant sentence to achieve general deterrence and to reflect the seriousness of the drug trafficking activities. The court also considered the need to ensure parity in sentencing between the co-offenders, taking into account the roles and contributions of each respondent. Ultimately, the court determined the appropriate sentences for the respondents, considering both the mitigating factors and the objective seriousness of the crimes.
The court ordered that Ji be sentenced to a term of imprisonment of seven years and six months, with a non-parole period of five years. Zeng was sentenced to a term of imprisonment of six years and three months, with a non-parole period of four years and three months. These sentences reflect the court's consideration of both the mitigating factors presented by the respondents and the objective seriousness of the drug offences.
Orders
Orders of the court
Paras [68] – [70]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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